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law- tort law > vicarious liability > Flashcards

vicarious liability Flashcards

1
Q

who are the 3 people involved in the case

A

claimant
defendant
tortfeaser

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2
Q

who is the claimant

A

who suffered as a result of the tort

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3
Q

who is the defendant

A

did not commit the tort but is responsible

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4
Q

who is the tort feaser

A

person who committed the tort

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5
Q

what happened in the christian brothers case

A

concerned the responsibility of a school management trust for criminal actions involving physical and sexual abuse of children in a children’s home by a visiting priest.

The school were held to share responsibility.

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6
Q

what are the 5 reasons viarious liability exists

A

An employer is more likely to have the financial capability to compensate C (things like insurance)

The tort will have been committed in the course of employment

Therefore the activity is likely to be for the benefit of the employer

The employment created the risk of the tort by employing the person in the first place

The employee is under the control of the employer (at least to some extent)

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7
Q

what are the two types of torts

A

unintentional tort (such as negligence)
intentional tort

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8
Q

what are the 5 intentional torts

A

battery

 sexual assault

intentional interference with economic interests/stealing- trying benefit from harming someone’s business

Harassment- making the victim feel distressed, humiliated, threatened or fearful of further violence over time

Misuse of private information and breach of confidence- sue for damages where private information has been disclosed without their consent.

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9
Q

what case gives us the 2 main requirements for vicarious liability

A

Jehovah’s Witnesses v BXB (2023)

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10
Q

what are the main requirements for vicarious liability

A

Relationship between D and TF which makes it proper for the law to make D pay for the fault of TF

a connection between that relationship and the Tfs wrongdoing

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11
Q

for the first requirement (Relationship between D and TF which makes it proper for the law to make D pay for the fault of TF) what are the 2 ways this can be established

A

TF is an employee of D

TF is in a relationship ‘akin to employment’

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12
Q

what are the 3 tests needed for TF is an employee of D

A

Control Test
Organization/Integration Test
Economic Reality Test

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13
Q

whats the control test

A

Who has the right to control actions of the tortfeasor (T)

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14
Q

what are 2 cases for this

A

Yewen v Noakes
Mersey Docks v Coggins and Griffith

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15
Q

organization/integration test meaning

A

Difference between a contract of service (liable) and a contract for services (independent contractor – not liable)

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16
Q

what is the case for this

A

Stephenson, Jordan and Harrison v MacDonald and Evans
(sjh v macdonald and evans)

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17
Q

economic reality test meaning

A

look at the money to see the reality

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18
Q

what are the 3 cases for this

A

ready mixed concrete
viasystems
barclays

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19
Q

yewen v noakes meaning

A

does master have right to control servant

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20
Q

mersey docks v coggins and griffith meaning

A

for temp workers, general employer remains liable unless can show liability has passed on

21
Q

Stephenson, Jordan and Harrison v MacDonald and Evans meaning

A

T is an employee if work is integral to the business

22
Q

Ready Mixed Concrete meaning

A

checklist of conventional employer/employee relations (wages, control, sick pay, holiday etc)

23
Q

viasystems meaning

A

two employers could share responsibility

24
Q

barclays meaning

A

there is no liability for someone who is a truly independent contractor

25
Q

5 cases for akin to employment

A

Cox v Ministry of Justice
Christian Brothers
Cox
Armes
Barry

26
Q

Cox v Ministry of Justice meaning (3 points)
liability outside of traditional employment if:

A
  1. T is doing an activity on behalf of D
  2. Activity is likely to be part of D’s business
  3. D created risk of tort by asking T to carry out the activity
27
Q

Christian brothers

A

can also use these 5 reasons to justify imposing liability (listed above)

28
Q

Cox

A

prisoners working in prison kitchens

29
Q

Armes

A

foster parents

30
Q

Barry

A

elder in church community

31
Q

A connection between that relationship and TF’s wrongdoing-
whats the question to ask for unintentional torts

A

Were TF’s actions in the course of employment?

32
Q

what acts ARE in the course of employment

A

Authorized acts
Acts close to job description
Doing what employed to do but in unauthorized way
Doing what employed to do in careless way
Employer benefits from the tort

33
Q

what acts AREN’T in the course of employment

A

Employee on a frolic of his own
Unauthorized acts with no benefit to employer

34
Q

Authorized acts case

A

(Poland v Parr)

35
Q

Acts close to job description

A

(London v Cattermoles)

36
Q

Doing what employed to do but in unauthorized way case

A

(Limpus)

37
Q

Doing what employed to do in careless way

A

(Century Insurance)

38
Q

Employer benefits from the tort

A

(Rose v Plenty)

39
Q

Employee on a frolic of his own

A

(Hilton v Thomas Burton)

40
Q

Unauthorised acts with no benefit to employer

A

(Twine v Beans)

41
Q

what test is used for intentional tort

A

close connections test

42
Q

whats the case for this

A

Lister v Hesley Hall

43
Q

what cases show what this includes

A

Mohamud v Morrisons
Armes
Barry
Maga
Mattis

43
Q

what 2 questions does this ask

A
  1. What field of activities has been entrusted to TF
  2. Is there a close connection between that field of activities and T’s actions
    If yes = D is liable
44
Q

whats included in Mohamud v Morrisons

A

included racially motivated assault on a customer

45
Q

whats included in Armes

A

included foster parents abusing foster children

46
Q

whats not included as apart of Barry

A

did not include sexual abuse of congregation member as there was no link to her going back to his house and his position in the church

47
Q

what included in Mattis

A

included bouncer stabbing a customer

48
Q

whats included in Maga

A

included sexual abuse by priests in Catholic church

law- tort law (15 decks)

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